Questão jurídica principal
When does the one-year waiting period under Art. 15a SVG start after a second offence leading to annulment of a probationary driving licence?
Decisão extraída
The waiting period begins only when the administrative authority has decided on the second offence or when a final criminal judgment exists; here it runs from 2012-11-14.
Fundamentação extraída
A second offence counts only once it is legally established. Because the August 2011 offence was disputed and the administrative proceedings were suspended, it was not yet fixed; the November 2012 offence therefore constituted the second established offence. Starting the period earlier would undermine the statutory scheme and allow deliberate delay of the criminal proceedings.